2010WTO贸易政策审议秘书处报告第一部分.doc

RESTRICTED WORLD TRADE ORGANIZATION WT/TPR/S/230 26 April 2010 (10-2015) Trade Policy Review Body TRADE POLICY REVIEW Report by the Secretariat CHINA This report, prepared for the third Trade Policy Review of China, has been drawn up by the WTO Secretariat on its own responsibility. The Secretariat has, as required by the Agreement establishing the Trade Policy Review Mechanism (Annex 3 of the Marrakesh Agreement Establishing the World Trade Organization), sought clarification from China on its trade policies and practices. Any technical questions arising from this report may be addressed to Mr. Masahiro Hayafuji (tel.: 022 739 5873) and Mrs. Zheng Wang (tel.: 022 739 5288). Document WT/TPR/G/230 contains the policy statement submitted by China. Note:This report is subject to restricted circulation and press embargo until the end of the first session of the meeting of the Trade Policy Review Body on China. ChinaWT/TPR/S/230 Page iii CONTENTS Page SUMMARYvii I.ECONOMIC ENVIRONMENT1 (1)CHINAS TRADE AND DEVELOPMENT POLICIES1 (2)RECENT ECONOMIC AND TRADE DEVELOPMENTS5 (3)STRUCTURAL POLICIES7 II.TRADE POLICY REGIME: FRAMEWORK AND OBJECTIVES11 (1)INTRODUCTION11 (2)INSTITUTIONAL AND LEGAL FRAMEWORK11 (i)Transparency12 (ii)Central Provincial relations in the public sector and local barriers to internal trade13 (3)FORMULATION, ADMINISTRATION, AND IMPLEMENTATION OF TRADE POLICY13 (i)Main trade laws13 (ii)Agencies involved in trade policy implementation14 (4)TRADE POLICY OBJECTIVES14 (5)TRADE AGREEMENTS AND ARRANGEMENTS15 (i)WTO15 (ii)Regional arrangements16 (iii)Bilateral arrangements17 (iv)Unilateral preferences20 (6)FOREIGN INVESTMENT REGIME21 (7)FOREIGN ASSISTANCE22 (i)Assistance to China22 (ii)Chinas assistance to foreign countries23 III.TRADE POLICIES AND PRACTICES BY MEASURE24 (1)INTRODUCTION24 (2)MEASURES DIRECTLY AFFECTING IMPORTS25 (i)Customs procedures, valuation, and rules of origin25 (ii)Tariffs26 (iii)Indirect taxes affecting imports33 (iv)Import prohibitions and licensing33 (v)State trading34 (vi)Contingency measures35 (vii)Standards and other technical requirements35 (viii)Government procurement39 (ix)Import-related financing42 (3)MEASURES DIRECTLY AFFECTING EXPORTS42 (i)Procedures42 (ii)Export subsidies42 (iii)Export taxes42 (iv)Tax rebates on exports43 WT/TPR/S/230Trade Policy Review Page iv (v)Tax concessions under processing trade44 Page (vi)Export prohibitions, restrictions, and licensing45 (vii)Measures maintained by importing countries46 (viii)State trading46 (ix)Export facilitation and marketing assistance47 (4)MEASURES AFFECTING PRODUCTION AND TRADE47 (i)Taxation and tax incentives47 (ii)Direct expenditures, industrial policies, and price “guidance“ measures52 (iii)State-owned enterprises, private enterprises, and corporate governance54 (iv)Competition and consumer protection policy58 (v)Intellectual property rights61 IV.TRADE POLICIES BY SECTOR69 (1)INTRODUCTION69 (2)AGRICULTURE70 (i)Features and market developments70 (ii)Policy objectives and administration71 (iii)Policy instruments72 (3)ENERGY76 (4)MANUFACTURING78 (5)SERVICES79 (i)Overview79 (ii)Financial services79 (iii)Telecommunications88 (iv)Transport services91 (v)Postal and courier services96 (vi)Tourism97 (vii)Other services98 REFERENCES99 APPENDIX TABLES101 ChinaWT/TPR/S/230 Page v Page CHARTS III.TRADE POLICIES AND PRACTICES BY MEASURES III.1Average applied MFN and final bound tariff rates, by HS section, 2007, 2009, and 201028 III.2Distribution of MFN tariff rates, 2007 and 200930 III.3Tariff escalation by 2-digit ISIC industry, 200930 TABLES I.ECONOMIC ENVIRONMENT I.1Selected macroeconomic indicators, 2005-092 I.2GDP by sector, 2005-099 III.TRADE POLICIES AND PRACTICES BY MEASURES III.1Chinas tariff structure, 2005, 2007, and 200927 III.2Summary analysis of Chinas preferential tariff, 200931 III.3Products subject to export quotas and licensing, 200946 III.4Tax revenue, 2005-0948 III.5Selected government transfers, 2007-0852 III.6Y 4 trillion Stimulus Package, November 200853 III.7Intellectual property enforcement, 2006-0864 APPENDIX TABLES I.ECONOMIC ENVIRONMENT AI.1Trade and trade-related measures adopted by China, October 2008-February 2010103 AI.2Merchandise exports by group of products, 2005-09106 AI.3Merchandise imports by group of products, 2005-09107 AI.4Merchandise exports by destination, 2005-09108 AI.5Merchandise imports by origin, 2005-09109 II.TRADE POLICY REGIME: FRAMEWORK AND OBJECTIVES AII.1Chinas major trade-related laws and regulations, December 2009110 AII.2Principal notifications under WTO Agreements, December 2009116 AII.3Involvement in the WTO dispute settlement mechanism, December 2009119 III.TRADE POLICIES AND PRACTICES BY MEASURES AIII.1Chinas preferential rules of origin, 2009121 AIII.2Imports allocated to state-trading enterprises, 2007-09123 AIII.3Import and export quantities for products subject to state-trading arrangement, 2006-08124 AIII.4Export products subject to state-trading arrangements, 2009126 AIII.5Excise (or consumption) tax, 2008-09128 AIII.6International trade, processing trade, and shares of FIEs, 2007-09130 AIII.7Chinas membership of international intellectual property rights conventions, 2009131 AIII.8Patents applied and granted, 2007-08132 ChinaWT/TPR/S/230 Page vii SUMMARY 1.Since its previous Trade Policy Review in 2008, China has continued the gradual liberalization of its international trade and investment regime. According to the Government, gradualism in economic reform is motivated by the need to maintain economic and social stability. 2.Chinas dependence on export-led growth left it vulnerable to the effects of the global economic recession that began in late 2008. In 2009, Chinas exports fell by 16%. Imports fell by 11%, reflecting the high import-intensity of its manufactured exports. Real GDP growth declined from 9.6% in 2008 to a year-on-year rate of 6.2% in the first quarter of 2009, the lowest rate in more than a decade. However, growth rebounded in subsequent quarters so that in 2009 overall, China achieved real GDP growth of 8.7%. In January 2010, China overtook Germany to become the worlds largest exporter. China remains the worlds second largest importer, behind the United States. 3.Chinas evident success in competing for global markets and its continued heavy dependence on manufactured exports leaves it vulnerable to trade friction with its trading partners. Membership in the WTO provides China with considerable legal security against a significant tightening of restrictions on its exports. Like other WTO Members, China resisted a protectionist response to the effects of the global economic recession. 4.The Chinese Government responded to the effects of the global economic recession by introducing expansionary fiscal and monetary policies to offset the sharp decline in external demand, putting more emphasis on domestic demand to drive GDP growth. In particular, China announced a Y 4 trillion (13% of GDP in 2008) economic stimulus package in November 2008, covering a period of two years. Partly reflecting the temporary increase in government expenditure, the surplus of domestic savings over domestic investment declined, and Chinas current account surplus, the international counterpart of Chinas domestic saving and investment balance in its balance of payments, narrowed from 9.4% in 2008 to 5.8% in 2009. 5.The Government recognizes that temporary measures alone are not sufficient to correct imbalances in Chinas pattern of economic growth and development, which are macroeconomic and structural in nature. Achieving a better balance between external and domestic demand to drive its growth, and further liberalization of its import and export policies multilaterally will reinforce Chinas leadership role in helping, together with other WTO Members, to manage periodic trade and economic imbalances of international importance in ways that minimize the risk to global growth and prosperity. 6.The crisis has reinforced Chinas intention to undertake more longer-term structural reforms that are needed to strengthen its social safety net, reduce precautionary saving by households, diversify its economic structure, and to improve its underdeveloped capital market, which has contributed to high enterprise saving and thus impeded the Governments efforts to boost domestic demand. 7.In order to rely less on manufacturing, the Government has relaxed FDI restrictions on some services sectors and is promoting the expansion of agriculture by providing production subsidies and phasing out agricultural taxes. 8.Chinas heavy reliance on manufacturing has resulted in over-investment and hence excess capacity in certain industries, which became obvious when external demand declined. Over-investment is partly the consequence of the absence of a sufficiently well-functioning capital market, monetary policy that is not entirely based on market instruments, and the Governments “guidance“ in allocating resources to specific manufacturing activities. WT/TPR/S/230Trade Policy Review Page viii 9.China has continued its efforts to develop its capital market in order to facilitate the channelling of high domestic savings into the most profitable investments by, for example, strengthening corporate governance and the trading of shares on the stock market and thereby increasing the role of equity finance. Furthermore, as the authorities recognize, China needs to enhance the transparency of government policies and measures, increase dividend payments by state-owned enterprises to the Government, and strengthen the protection of intellectual property rights. 10.On Chinas exchange rate, between July 2005 (when its exchange rate reform started) and September 2008, the renminbi (RMB) appreciated by 21.4% against the U.S. dollar, 13.6% against the yen, and remained practically unchanged against the euro. Since then, the RMB has remained stable against the U.S. dollar and depreciated against some major currencies (for example, the euro) in 2009. At the time of its most recent examination of this issue, the IMF welcomed the important progress made in the past few years in increasing the markets role in determining the exchange rate, as well as the consequent substantial real appreciation that has been achieved since the exchange rate reform in 2005. Some IMF directors nevertheless supported the view that the RMB remains “substantially undervalued“. The Peoples Bank of China (PBC) maintains that under Chinas “managed floating“ exchange rate regime, the RMB rate is based on supply and demand of the market and is adjusted with reference to a basket of currencies; it wishes to maintain the exchange rate of the RMB basically stable at an adaptative and balanced level. 11.While China has recently intensified its pursuit of bilateral/regional free-trade agreements, preferential margins provided by China are still small and trade with FTA partners still accounts for a minor share of its total trade. During the review period, direct cross-straits links were established between China and Chinese Taipei in terms of air and maritime transport and postal services. 12.Chinas average applied MFN tariff was 9.5% in 2009, slightly lower than in 2007 (9.7%). Bound rates are close to the applied rates, giving the tariff a high degree of predictability. Nonetheless, the tariff could be complex, as, for example, the applied MFN tariff contains 60 different ad valorem rates. 13.China still uses various non-tariff border measures, such as import and export licensing or state trading to “guide“ the allocation of resources. Chinas trade remedy activity is assuming increasing importance, while China remains the most frequent target of anti-dumping measures. 14.Around 15% of Chinas national standards are mandatory. The rest are voluntary, although their implementation can be complex. Some 46% of its national standards are equivalent to international standards. Its SPS regime on the testing of dairy products for domestic consumption and for exports has been strengthened, and China has suspended its quality inspection exemption system. 15.Chinas Government Procurement Law stipulates that the Government should procure domestic goods, projects, and services, although there are no provisions on local content or rules of origin to determine whether a product is produced domestically. China applied to join the WTO GPA in December 2007. Parties have expressed their willingness to work with China to facilitate its accession process, although some parties have expressed concerns in the WTO GPA Committee regarding, inter alia, Chinas indigenous innovation initiative. Chinas accession to the GPA should bring fundamental changes to its government procurement framework. 16.Chinas export barriers have not been falling at the same pace as its import barriers. It still uses various export restrictions, ChinaWT/TPR/S/230 Page ix including prohibitions, licensing, quotas, taxes, and less-than-full VAT rebates, to manage certain exports on grounds of natural resource and energy conservation. However, export restraints tend to reduce export volumes of the targeted products and divert supplies to the domestic market, leading to downward pressure on the domestic prices of these products, and thus may implicitly assist domestic downstream processing of the products concerned. China is starting to consider more suitable internal (rather than trade) measures to conserve natural resources, save energy, and protect the environment. For example, it is considering levying an environmental tax on the production/extraction of natural resources during the 12th Five-Year plan period (2011-15). 17.China has continued to review, revise, or amend its trade and related laws. These include the Anti-Monopoly Law (effective 1 August 2008), Chinas first comprehensive competition law and the Patent Law (effective 1 October 2009), which strengthened patent protection by, inter alia, increasing penalties against infringement. China has also reformed its tax system to render it more neutral; in particular, this involved the unification of enterprise income tax rates for all companies (domestic and foreign), and the transformation of VAT from a production- based tax to a consumption-based one. 18.China has continued to improve its legislative framework and inten